GR v Secretary, Department of Communities and Justice [2022] NSWCA 153

GR v Secretary, Department of Communities and Justice [2022] NSWCA 153

Leave to appeal was refused because, in the context of a second appeal with concurrent findings in the Children's Court and Equity Division, there were insufficient prospects that the Court of Appeal would disturb Arwyn's current stable care arrangements for the less than four months before he turned 18. Even if arguable error could be shown in aspects of the history, the Court considered it inconceivable that it would restore Arwyn to GR's care for that short period, given the risks and the benefits of the current placement and transition planning. The motion reviewing Simpson AJA's costs orders was dismissed because no appellable error was apparent in refusing interim interference with...

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Child Welfare Care Proceedings; Summons for Leave to Appeal and Motion Reviewing Costs Orders / Court of Appeal Application for Leave to Bring a Second Appeal From Equity Division Decision Dismissing Appeal From Children's Court Final Care Order
Outcome
Applicant's motion filed on 9 February 2022 dismissed with costs; summons for leave to appeal dismissed with costs.
Legal Topics
['care Orders Allocating Parental Responsibility' 'best Interests of the Child' 'leave to Appeal' 'second Appeal' 'parens Patriae Jurisdiction' 'extraordinary Medical Treatment' 'costs Orders']
['child Welfare' 'care and Protection' 'appellate Procedure' 'medical Treatment of Children'] ['care Orders Allocating Parental Responsibility' 'best Interests of the Child' 'leave to Appeal' 'second Appeal' 'parens Patriae Jurisdiction' 'extraordinary Medical Treatment' 'costs Orders']

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Procedural Posture

Child Welfare Care Proceedings; Summons for Leave to Appeal and Motion Reviewing Costs Orders / Court of Appeal Application for Leave to Bring a Second Appeal From Equity Division Decision Dismissing Appeal From Children's Court Final Care Order

Legal Issues

  1. 1 ['Whether leave to appeal was required from the Equity Division decision concerning guardianship, custody or welfare of a child.' "Whether there were sufficient prospects that the Court of Appeal would disturb the current care arrangements and restore Arwyn to his mother's care before he attained 18 years of age." "Whether alleged errors concerning Community Services' care, medical treatment decisions, and court approval for extraordinary treatment justified leave to appeal." 'Whether costs orders made by Simpson AJA should be disturbed.']

Ratio Decidendi

Leave to appeal was refused because, in the context of a second appeal with concurrent findings in the Children's Court and Equity Division, there were insufficient prospects that the Court of Appeal would disturb Arwyn's current stable care arrangements for the less than four months before he turned 18. Even if arguable error could be shown in aspects of the history, the Court considered it inconceivable that it would restore Arwyn to GR's care for that short period, given the risks and the benefits of the current placement and transition planning. The motion reviewing Simpson AJA's costs orders was dismissed because no appellable error was apparent in refusing interim interference with...

Court Disposition

Applicant's motion filed on 9 February 2022 dismissed with costs; summons for leave to appeal dismissed with costs.

Orders

  • ["Dismiss the applicant's motion filed on 9 February 2022, with costs." 'Dismiss the summons for leave to appeal, with costs.']